Legal Opinion

Grady v. Utica Mutual Insurance

Appellate Division of the Supreme Court of the State of New York

Decided August 6, 1979PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

Damiani, J. P.

In this case, the assignee of a mortgage obtained a judgment of foreclosure upon the default of the mortgagors, but before a foreclosure sale could be held the property was destroyed by fire. The assignee was the named beneficiary of a policy of fire insurance covering the premisés and he therefore made a claim to the insurer for payment in the amount of the judgment of foreclosure. The insurer agreed to pay only the amount of the outstanding principal of the mortgage debt plus the interest due thereon as of the date of the fire. On this appeal we are called…

2Cases cited17 opinions

  1. Whitestone Savings & Loan Ass'n v. Allstate InsuranceNew York Court of Appeals · 1971
  2. Eddy v. London Assurance Corp.New York Court of Appeals · 1894
  3. Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
  4. Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
  5. Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909

12 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. In Re PearsonUnited States Bankruptcy Court, E.D. New York · 1981
  2. Gray v. Bankers Trust Company of Albany, N. A.Appellate Division of the Supreme Court of the State of New York · 1981
  3. Cohen v. SeletskyAppellate Division of the Supreme Court of the State of New York · 1988
  4. L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1983
  5. Graffeo v. BrenesAppellate Division of the Supreme Court of the State of New York · 1981

36 more not listed; retrieve them via the Exa API.

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